The Freedom and Justice Foundation's tax-exempt status was revoked in May 2010. Elibiary was not appointed to the Homeland Security Advisory Council until October 15, 2010 -- more than five months later. When DHS Secretary Janet Napolitano was questioned by Rep. Louie Gohmert (R-TX01) about Elibiary before a House Judiciary Committee hearing last month, she said that all members of the Advisory Council eventually get secret clearances.

But how was Mohamed Elibiary able to pass the clearance process when his organization had already had its tax-exempt status revoked? More than 45 percent of all security clearance denials are for financial reasons, and many of those are for much more trivial reasons than this instance. Did Elibiary report his group's tax-exempt revocation by the IRS for his security clearance investigation? If not, why is he still serving with these government agencies and why does he still have his security clearance? If he did report it, how did he get his clearance approved and who approved it? Was there outside intervention at all to help him obtain his clearance? What is the status of his clearance following the HS SLIC leak allegations? And what are the implications of Elibiary continuing to raise money from the Freedom and Justice Foundation website when its tax-exempt status has long since been revoked?

These are all questions that any investigation should look into, but as I reported earlier this week, despite the direct request by TX DPS Director Steve McCraw for an investigation into the allegations of Elibiary's leaks, one DHS official told me that not only is no such investigation underway, but Secretary Napolitano will make sure that there never is. If that's the case, Congress clearly needs to step in.